Hema and Another v. State of U.P. and 3 Others

Court No. - 85 Case :- WRIT - C No. - 42012 of 2023 Petitioner :- Hema And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arjun Singh Yadav Counsel for Respondent :- C.S.C. Hon'ble Mayank Kumar Jain,J.

¶1Heard learned counsel for the petitioners and learned Standing Counsel for the State.

¶2The present writ petition has been filed seeking following main relief:- "(i) Issue a writ order or direction in the nature of mandamus directing the respondent No. 2 to 5 to provide security to the petitioners, otherwise the petitioners shall suffer irreparable loss and injury.

(ii) Issue a writ order or direction in the nature of mandamus directing the respondent no. 4 to 5 to do not harass and disturb the peaceful life of the petitioners in any manner whatsoever."

¶3In paragraph No. 8 of the petition it is averred that petitioner No. 1 is already married with some Aditya but they all living separately with their earlier spouse and presently living with each other. Therefore, respondent nos. 1 to 4 may be directed not to interfere in the peaceful living of the petitioners.

¶4Per contra, Learned Standing counsel submits that the case of the petitioner is squarely covered with the judgement of this Court passed in Writ C No. 18743 of 2023, Asha Devi and another vs. State of U.P. and another.

¶6Since, in the present case petitioner no. 1 is already married and no document about dissolution of marriage is brought on record, therefore, matter is already covered with the aforesaid judgement.

¶7Hence, this writ petition is accordingly dismissed. Order Date :- 13.12.2023 SY High Court of Judicature at Allahabad